Reich v. Cochran
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Alexander Smith Cochran and William F. Cochran, Jr., individually and as executors and trustees, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 2d day of December, 1915, denying their motion that the issues raised by separate defenses and the reply thereto be tried separately and before the other issues.
1Opinion of the Court
Scott, J.:
This is one of a series of actions, extending over a period of about twenty-five years, brought by plaintiff against these defendants, and against their decedent in his lifetime. They all grew out of the same transactions in the year 1888 between plaintiff and William F. Cochran, now deceased, of whose estate the defendants are executors and trustees. The plaintiff’s claim is that the effect of four documents executed in 1888 was to create the relation of mortgagor and mortgagee between plaintiff and the said Cochran. The defendants on the other hand claim that the documents…
2Cases cited1 opinion
- Smith v. Western Pacific Railway Co.Appellate Division of the Supreme Court of the State of New York · 1911
3Cited by4 opinions
- People ex rel. New York Central Railroad v. BissellAppellate Division of the Supreme Court of the State of New York · 1923
- Reich v. CochranAppellate Division of the Supreme Court of the State of New York · 1921
- Mihalchik v. Schepis Construction Co.Appellate Division of the Supreme Court of the State of New York · 1959
- Johnson v. Methodist HospitalNew York Supreme Court · 1960